HomeMy Public PortalAbout178-2022 - Smarrelli General Contractor - concrete pad for 1740 South 8th (Izzy Idelman Training Center) -!
AGREEMENT
THIS AGREEMENT made and entered into this, day of/j1L/ g,f;2022, and referred to
as Contract No. 178-2022, by and between the City of Richmond, Indiana, a municipal corporation
acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City")
and Smarrelli General Contractors, Inc., 136 South 2nd Street,Richmond, Indiana, 47374 (hereinafter
referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform services for the construction of a 10' x 18' x 6' concrete
agility stair pad and base for the Izzy David Edelman Police and Fire Training and Physical Fitness
Center located at 1740 South 8th Street for the Fire Department of the City of Richmond as further
described in Contractor's quote (hereinafter "Project"). Said project shall also include the
construction of a four inch base stone and the application and finishing of a sealer on the new agility
stair base.
Requests for Quotes were made October 26, 2022. Responses to said request are on file in the office
of the Richmond Purchasing Department and the Richmond Fire Department and are hereby
incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the
same.
Contractor's quote, dated October 28, 2022, consisting of two (2) pages is attached hereto and
marked as Exhibit A. Contractor agrees to abide by the same.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions,terms, or conditions of this Agreement, this Agreement shall be controlling.
Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of the
City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the
work.
Contract No. 178-2022
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SECTION III. COMPENSATION
City shall pay Contractor a total amount not to exceed Three Thousand Five Hundred Ninety-one
Dollars and Zero Cents ($3,591.00)for complete and satisfactory performance of this Agreement.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until
satisfactory completion of the Project.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part,
for cause, at any time by giving at least five (5) working days written notice specifying the effective
date and the reasons for termination which shall include but not be limited to the following:
a. failure,for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice,whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work performed
prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by
setting forth the reasons for such termination, the effective date, and in the case of partial
termination,the portion to be terminated.
This Agreement may also be terminated by the City if a force-majeure event occurs and the results or
aftereffects of said event causes the performance of this Agreement to become impossible or highly
impracticable. Said event or results or aftereffects of said event would include events or effects
which the parties to this Agreement could not have anticipated or controlled. Examples of a force-
majeure event, or its results, would include, but would not be limited to, events such as an Act of
God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the
Federal government,the State of Indiana, or local government.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
property or any other claims which may arise from the Contractor's conduct or performance of this
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Agreement, either intentionally or negligently; provided, however, that nothing contained in this
Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers,
agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter
maintain such insurance as will protect it from the claims set forth below which may arise out of or
result from the Contractor's operations under this Agreement, whether such operations by the
Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts the Contractor may be held responsible.
Coverage Limits
A. Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on
behalf of Contractor or any sub-contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement,with respect
to hire, tenure, terms, conditions or privileges of employment or any matter directly or
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indirectly related to employment, because of race, religion, color, sex, disability, national
origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1,the Contractor agrees:
1. That in the hiring of employees for the performance of work under this Agreement of
any subcontract hereunder, Contractor, any subcontractor, or any person acting on
behalf of Contractor or any sub-contractor, shall not discriminate by reason of race,
religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub-contractor, or any person action on behalf of Contractor or
any sub-contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race,religion, color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City under
this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
day during which such person was discriminated against or intimidated in violation of
the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money due or
to become due hereunder may be forfeited, for a second or any subsequent violation
of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION VIII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility
status of all newly hired employees of the contractor through the Indiana E-Verify program.
Contractor is not required to verify the work eligibility status of all newly hired employees of the
contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists.
Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit
affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC
22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to
remedy the violation not later than thirty (30) days after the City notifies the Contractor of the
violation. If Contractor fails to remedy the violation within the thirty (30) day period provided
above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement
will be terminated. If the City determines that terminating this Agreement would be detrimental to
the public interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then pursuant to
IC 22-5-1.7-13 (c)the Contractor will remain liable to the City for actual damages.
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SECTION IX. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement that
this certification is no longer valid, City shall notify Contractor in writing of said determination and
shall give contractor ninety (90) days within which to respond to the written notice. In the event
Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran
within ninety (90) days after the written notice is given to the Contractor, the City may proceed with
any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the
course of this Agreement that this certification is no longer valid and said determination is not
refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider
the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of
the ninety(90) day period set forth above.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents
of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of its
rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and void.
This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding
upon the parties, their successors and assigns. This document constitutes the entire Agreement
between the parties, although it may be altered or amended in whole or in part at any time by filing
with the Agreement a written instrument setting forth such changes signed by both parties. By
executing this Agreement the parties agree that this document supersedes any previous discussion,
negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Indiana, and any suit arising out of this
Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation
shall be required prior to the commencement of legal proceedings in said Courts. By executing this
Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum,
venue, or in front of any other tribunal, court, or administrative body other than the Circuit or
Superior Courts of Indiana, regardless of any right Contractor may have to bring such suit in front of
other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has been
duly authorized by his or her principal to execute this Contract.
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In the event of any breach of this Agreement by Contractor, and in addition to any other damages or
remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond,Indiana, as of the
day and year first written above, although signatures may be affixed on different dates.
"CITY" "CONTRACTOR"
THE,CITY OF RICHMOND, SMARRELLI GENERAL CONTRACTORS,
INDIANA by and through its INC.
Board of Public Works and Safety 136 South 2nd Street
Richmond, IN 47374
irY/By: C(il� By:
Vicki Robinson,President
By: Printed: Lae'
Emily Palmer,Member
By: Title: W.(
Matt Evans, Member
Date:
/� �� Date: I ( 2
l! ��
APPROVED:
. Snows
Date: (II/7 1 27.
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SMARRELLI GENERAL CONTRACTOR, INC.
136 S 2ND
RICHMOND, IN 47374
Tel: (765) 962-1378 Fax (765) 962-3034
October 28, 2022 Pro# C-6357
Richmond Fire Department
101 S 5th
Richmond IN 47374
Ph 765-983-7266
Attn:Jerry Purcell
PROPOSAL AND CONTRACT
Smarrelli General Contractor, Inc. offers to furnish all labor, material and
equipment for the performance of the following described work for:
Richmond Fire Department located at 101 S 5th, Richmond, IN.
RE: CONCRETE
-Excavate, form and pour a 10' x 18' x 6" concrete pad at Training Area
-4" of stone base
-Finish and apply sealer
TOTAL $3,591.00
Accepted By: .fi . = Date:
Submitted By: Sfewe' S ltiwf e% Ge meta-(. M a-c'.a-ge-r
This proposal may be withdrawn if not signed and returned in 30 days. Thank
you for the opportunity to provide our services
FX° IBI f-N PAGE. I OF 2
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CLARIFICATIONS,EXCLUSIONS&TERMS
A. All designs,drawings,sketches,concepts,methods of construction are the property of Smarrelli General
Contractor,Inc.Reuse by any other persons is prohibited under the protection of copy right laws.
B. We will make every effort to design a project to meet all codes but we cannot guarantee compliance until all
drawings,permits and final inspections are completed.Any additional requirements,construction or changes
requested by State or Local officials or Owners'insurance companies might be at additional costs.
C. All required permits are included unless specifically deleted.It is assumed Owner's property is zoned
appropriately for the intended occupancy.Zoning variances,rezoning or special use zoning is to be provided by
Owner.
D. We provide workman's compensation,applicable builders risk and general liability insurance to the limits
provided by our standard policies.Any additional coverage required will be at additional costs.Copy of our
coverages is available upon request.
E. All construction pricing is based on normal working hours 7:30 am to 4:00 pm with no provisions of overtime
unless discussed ahead of time.
F. All work is warranted for the period of one(1)year upon completion.Completion is the date of final invoice
unless a certificate of occupancy is issued.
G. All invoices are due upon receipt.Interest may be charged at 1.5%monthly on unpaid balances past thirty(30)
days.Any costs incurred to collect past due monies will be added to balances.
H. After construction all trash generated by us will be removed and areas will be broom swept clean
I. Sales Tax is included in total pricing and on each invoice as a complete assembly.
J. Modified AIA contract and invoicing forms will be used on certain projects.
K. If the project is to be fmanced,Smarrelli General Contractor,Inc.shall have the right to review the lending
institution's payments procedures.
L. Independent inspections or any other fees required by Owner's lending institutions to be paid by Others.
M. Projects will be invoiced upon completion with payment due in twenty(20)days
-Or-
Progress payments will be submitted the first of each month with
payment made by the 20th of the month.Invoicing will be for completed
work in the previous month.
N. Project is to proceed to completion upon signing of contract.Costs accrued due to unreasonable delays because
of Owner financing or other reasons beyond the control of Smarrelli General Contractor,Inc.are to be
considered additional charges.
O. Any supplier or subcontractor not under our contract must conform to our safety requirements,construction
details and schedules.Smarrelli General Contractor,Inc.shall comply with Owner's reasonable safety procedures
so long as they apply to our trade.
P. Owner or Owner's designated representative must provide timely approval or information on all items requiring
the same.
Q. All labor is based on merit shop construction with no provision for prevailing wage.
R. Due to the volatile materiels and energy market,any surcharges of price increases imposed after contract or
proposal is signed may be passed to Owner.
S. Smarrelli General Contractor,Inc.is not responsible for delays caused by strikes,disasters,acts of God or other
business interruption beyond our control.
EXCAVATION:If your project includes excavation.
A. Efforts will be made to notify underground location companies.Smarrelli General Contractor,Inc.is not
responsible for damage to utilities not located by Owner,location companies or utility companies.
B. Relocation of unlocated underground utilities is not included
C. Removal of underground rock,concrete,buried debris,trash,hazardous material and water is not included.
D. Excavation is based on normal soils,topsoil,loam clay or dense clay normally found in this area.
E. All foundations and concrete or asphalt paving design is based on soils to support 2000 PSF minimum.
F. Removal or remediation of soft soils(under 2000 PSF load capacity)for support of structures or sub-base under
paving is not included.
CONCREI.h:If your project includes concrete.
A. Your new concrete is sealed with an acrylic water-based sealer.Periodic reapplication is necessary to maintain
durability.
B. Concrete will shrink/crack as it cures.Every effort has been made to insure new concrete shrinks;cracks in saw
cut or tooled joints.We do not however guarantee against shrinkage cracks.
C. All workmanship is per standard practices of the"American Concrete Institute."
D. Reinforcement is per specs or our best judgment and installed per"Concrete Steel Reinforcing Institute"
standard practices.
E. Concrete trucks,dump trucks and equipment are heavy and may cause damage to existing concrete,asphalt,earth
and underground utilities.Owner is to notify contractor of specific hazards of job site access.
F. Salts,calciums or sodium chloride will damage all concrete and should not be used for eighteen(18)months on
new concrete.
G. Repair or replacement of vandeli7ed,abused,cracked,spaled or salt damaged concrete is not covered under
warranty.
II. Add mixtures may be used at our discretion.
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